[2025:RJ-JP:42576] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 13031/2025 Kalu S/o Chiranjilal, Aged About 21 Years, R/o Khatikan Mohalla Dousa, Police Station Kotwali Dousa, Distt. Dausa. (Accused Confined In District Jail Dausa (Raj.)) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girraj Prasad Gadhwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. Instant 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Kalu S/o Chiranjilal seeking bail in respect of a criminal case registered as FIR No.320/2025 dated 01.07.2025 registered at P.S. Kotwali (Dausa), District- Dausa, for the offence under Sections 8/21 of NDPS Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:42576] (2 of 3) [CRLMB-13031/2025] 3. Learned counsel for applicant submits that first bail application was dismissed as withdrawn on 09.09.2025 and now it is second bail application filed after filing of charge- sheet. He further submits that in current case 7.26 grams smack is recovered, which is just above the small quantity. He further submits that no independent witness was called by police and police has not complied mandatory provisions under the NDPS Act. He further referred pending criminal cases against the applicant and submits that three cases under Section 8/21 of NDPS Act were registered against applicant, but all are false cases. He further submits that 4th case pertains to 8/29 of NDPS Act and there is no recovery from the possession of present applicant. He also submits that out of 7 cases, one case has been disposed on 25.07.2025. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 6. On 01.07.2025, Mahaveer Singh Jat, Sub-Inspector, P.S. Kotwali, District Dausa on suspicion has intercepted present applicant and after drawing a memo, has recovered 6.96 grams of smack and after registration of case under Section 8/21 of NDPS Act, arrested present applicant on 01.07.2025 and a charge-sheet is filed against him. The material on record clearly indicate that four other cases under NDPS Act, were registered against the present applicant. Though, in [2025:RJ-JP:42576] (3 of 3) [CRLMB-13031/2025] current case, the recovered quantity little higher than small quantity, but regular involvement of present applicant under NDPS Act case is sufficient to decline bail. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, instant 2nd bail application filed under Section 483 of BNSS preferred by Kalu S/o Chiranjilal, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /04